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How may prosecutors decide between misdemeanor and felony theft?

On Behalf of | May 11, 2022 | Criminal Law |

A theft offense under the Texas Penal Code may classify as a misdemeanor or a felony depending on how much the property allegedly taken is worth. The Texas Constitution and Statutes website describes how officials may file theft charges against you or your loved one.

If officials find you with someone else’s driver’s license or identification, it may result in a misdemeanor charge. By alleging defendants took goods or property worth less than $2,500, law enforcement may file misdemeanor theft charges. Individuals may face felony charges if prosecutors claim they deprived owners of property worth more than $2,500.

Felony theft offenses that do not specify monetary value

Some types of thefts may result in felony charges regardless of an item’s value. By taking something from an elderly Lone Star State resident, you could face felony theft penalties. Removing letters from a mailbox or depriving someone of a mail-in voting ballot may also classify as a felony offense.

If an individual takes a vehicle used for transporting prescription drugs, it could result in a felony charge. Allegedly stealing a weapon may also compel officials to file felony charges no matter how much the item is worth. Taking firearms, knives or explosives fall within the category of serious theft offenses.

Actions during a theft that may lead to felony charges

With certain actions taking place during a theft, officials may file felony charges regardless of the property’s value. If a fire alarm went off or an individual dismantled a retail theft detector, prosecutors may seek harsher penalties.

The Texas Penal Code has different classifications related to theft offenses. Whether you face misdemeanor or felony charges, you may assert your right to counter the prosecution’s evidence to avoid a conviction.